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Tualatin/Durham/CWS - Tualatin River Bicycle and Pedestrian Bridge INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF TUALATIN, TIGARD AND DURHAM AND CLEAN WATER SERVICES FOR TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE This intergovernmental agreement, ("Agreement') is entered into on the last date shown on the signature page by City of Tualatin ("Tualatin"), City of Tigard ("Tigard"), City of Durham ("Durham"), all political subdivisions of the State of Oregon, and Clean Water Services ("District"), a county service district (collectively, the "Parties"). RECITALS 1. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 2. ORS 190.010 provides that units of government may enter agreements for performance of any and all functions and activities that parties to the agreement, its officers or agencies have authority to perform. 3. The Parties desire to enter into this Agreement for the purposes of allowing coordination, cost-sharing, and joint ownership, liability and on- going maintenance between Tualatin, Tigard, Durham, and District associated with the development and operation of the Tualatin River Bicycle and Pedestrian Bridge, ("Project'). The Project includes the construction of the portion of the District's Lower Tualatin Force Mains and appurtenant systems (including air and vacuum relief valves and electrical and instrumentation conduit and wiring) that are on the bridge and within the work limits of the Project ("Force Mains"). 4. Tualatin, Tigard, Durham, and District will all benefit from coordinating the planning, engineering, and permit review for the development of the Project. 5. The Parties desire the Project to be constructed. The Project is being partially funded in cooperation with the Oregon Department of Transportation (°ODOT") through the award of Transportation Enhancement ("TE") Funding. The Parties desire to share the cost of the Transportation Enhancement Program required Local Agency match for the bicycle and pedestrian bridge portion of the Project. District will provide one hundred percent Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 2 of 7 (100%) of the funding for the Project costs attributed to the Force Mains portion of Project. 6. The Parties believe that it is in the best interests of Tualatin, Tigard, Durham, and District to coordinate the cost of the long-term maintenance of the Tualatin River Bicycle and Pedestrian Bridge. THE CITIES OF TUALATIN, TIGARD, DURHAM AND CLEAN WATER SERVICES AGREE AS FOLLOWS: I. OWNERSHIP AND AREA AFFECTED BY THIS AGREEMENT The Parties shall jointly own the Project in proportion to their financial contribution for construction. However, only the District shall own the Force Mains. The area affected by this Agreement is Tualatin River Bicycle and Pedestrian Bridge, and connecting pathways as shown in Exhibit 1, which is attached and incorporated into this Agreement, and any additional public land that may become part of the Project area. The Parties hereby grant permission for use of properties in public ownership as required for construction and continued use and maintenance of Project. All city Parties agree to cause the work when complete to be open for public recreational use as mutually agreed by the city Parties. II, DELEGATION OF AUTHORITY Tigard, Durham, and District delegate to Tualatin the authority to review, approve, and hear appeals, if any, for all design, bidding, permitting and construction management for that portion of the Tualatin River Bicycle and Pedestrian Bridge Project that lie within the cities of Tigard and Durham. Tualatin shall apply Tigard City Code to property located in Tigard, and Durham City Code to property located in Durham. In addition to the construction management provided by Tualatin the District shall also perform construction inspection services for the Force Mains. III. FUNDING FORCE MAINS AND SHARING OF LOCAL AGENCY MATCH COSTS District shall be solely responsible for the costs associated with design and construction of the Force Mains. The Project shall be bid to allow for attribution of costs related to the Force Mains. Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 3 of 7 Any sensitive area mitigation required for the Project shall be considered a Project cost and will be subject to the following cost-sharing percentages. Tualatin, Tigard, Durham, and District agree that the cost of the Local Agency match for the TE funding for the Project less the cost of the Force Mains shall be apportioned as follows: Tualatin: $ 412,228 25.3 Tigard: $ 592,578 36.3 Durham: $ 25,764 1.6 District: $ 600,000 36.8 Total Match: $1,630,570 100 These are the maximum costs based on the 100% preliminary engineering cost estimates If additional funding is required, it shall be borne by the three cities with contributions falling back to the original partnership terms of Tualatin 40%, Tigard 57.5% and Durham 2.5%. In no event shall District's contribution exceed $600,000, unless District chooses to increase contribution. If less funding is required, the savings shall be distributed to each agency based on the percentages shown above. Parties shall contribute ODOT-required deposits in the amount of 110% of costs prior to each phase of work. IV. SHARING OF MAINTENANCE COSTS Tualatin, Tigard, Durham, and District agree that the cost of maintenance of the Tualatin River Bicycle and Pedestrian Bridge shall be shared between the three cities and District continuously for the useful life of the bridge, projected to be 75 to 100 years, and apportioned as follows: Tualatin 35 Tigard 45 Durham 5 District 15 Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 4 of 7 The sharing of maintenance costs shall apply only to the bridge structure itself. Tualatin will be the lead agency in carrying out regularly scheduled maintenance activities on the bridge. The respective managers for the parties shall coordinate the dispersal of maintenance funds when appropriate. District shall be solely responsible for maintaining the Force Mains and the costs thereof. V. CITY OF DURHAM AND DISTRICT COOPERATION There will be work related to the Project that will involve construction of the Force Mains north of the Project through Durham City Park to the District's Durham treatment plant. District shall be solely responsible for the costs of this work and corresponding park restoration. The District and Durham shall mutually negotiate the terms of any easement required to place and maintain District Force Mains on Durham's property. Easements shall be granted and the permitting process shall not impose extraordinary or unreasonable costs or conditions. VI. DISPUTE RESOLUTION If a dispute arises over the provisions of this Agreement that staff cannot resolve despite their best efforts, the staff for each entity will immediately refer the dispute to their respective managers to resolve the dispute. VII. NOTICE OF APPLICATIONS, DECISIONS and APPEALS Tualatin shall give notice to Tigard, Durham, and District of all land use applications, hearings, decisions, building permits, and any appeals of those decisions made under the authority of this Agreement. Tualatin shall have the authority to defend any claims or appeals rising from permits issued under this Agreement. Tigard, Durham, and District may comment on, participate in, and intervene in any appeal of such decision. VIII. TERM OF AGREEMENT This Agreement shall be effective upon signature and shall remain in effect for the projected 75 to 100-year useful life of the Tualatin River Bicycle and Pedestrian Bridge. IX. COMPLIANCE WITH LAWS Each Party shall comply with all applicable federal, state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement. I Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 5 of 7 X. INDEMNIFICATION AND INSURANCE Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each Party agrees to hold harmless, defend, and indemnify each other, including its officers, agents and employees, against all claims, demands, actions and suits (including attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. The Parties shall carry liability, property and flood insurance on the bridge and ramps. Tualatin will be the lead agency in securing said insurance and the costs shall be apportioned in accord with the apportionment of maintenance costs set forth in Section IV above. XI. MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all Parties. This writing is intended to be the final expression of the agreement between the Parties with respect to the included terms as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement on the date below their signatures. CITY OF TUA OREGON CITY OF TIGARD, OREGO a By: By: Lou g Craig/birksen, Mayor City of Tualatin City of Tigard Date: 01-d 3 -069 Date: Q 1 i L4)®tj Approved as to Form: Approved as to Form: City Attorney Zity Attorney Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 6 of 7 CITY OF DURHAM, OREGON CLEAN TE SE S By: By: hery thirado, Mayor R9 e ` . C uty General City of Durham Maager, a ater Services Date: � CC-(-A—- 2dv ZF9� Date: el 1712 ©© Approved as to Form: Approved as to dorm r City Attorney Btstrict Council Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 7 of 7 Exhibit 1 LocationNicinity Map Tualatin River Bicycle and Pedestrian Bridge N I Cook Park Durham Park v �Q SWB a Ur 1� l Proposed Pedestrian (I SVY tC�tttS K Bridge C mu it - Park ; ILD SV SVU IUALAT IN RL) a T p TARN PAHG RAILROAD _ C ROK ®®®®®®taro ®® R r